Bill Text: TX HB3012 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the continuation and functions of the Texas Optometry Board; authorizing a reduction in fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-09 - Left pending in committee [HB3012 Detail]

Download: Texas-2017-HB3012-Introduced.html
  85R8466 CAE-D
 
  By: Flynn H.B. No. 3012
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Optometry
  Board; authorizing a reduction in fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 351.004, Occupations Code, is amended to
  read as follows:
         Sec. 351.004.  SUNSET PROVISION. The Texas Optometry Board
  is subject to Chapter 325, Government Code (Texas Sunset Act).  
  Unless continued in existence as provided by that chapter, the
  board is abolished and this chapter expires September 1, 2029
  [2017].
         SECTION 2.  Section 351.059, Occupations Code, is amended by
  amending Subsection (c) and adding Subsection (e) to read as
  follows:
         (c)  The training program must provide the person with
  information regarding:
               (1)  the law governing board operations [the
  legislation that created the board and the legislation that created
  the Contact Lens Prescription Act];
               (2)  the board's programs, functions, rules, and
  budget;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4)  the results of the most recent formal audit of the
  board;
               (5) [(4)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedures, and disclosing
  conflicts-of-interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (6) [(5)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (e)  The executive director of the board shall create a
  training manual that includes the information required by
  Subsection (c). The executive director shall distribute a copy of
  the training manual annually to each board member. On receipt of
  the training manual, each board member shall sign and submit to the
  executive director a statement acknowledging receipt of the
  training manual. 
         SECTION 3.  Section 351.154(b), Occupations Code, is amended
  to read as follows:
         (b)  The board shall deposit in the University of Houston
  development fund 15 percent of each [annual] renewal fee collected
  by the board under Section 351.152. The money paid to that fund
  under this subsection may be used solely for scholarships or
  improvements in the physical facilities, including library
  facilities, of the College of Optometry.
         SECTION 4.  Section 351.163(d), Occupations Code, is amended
  to read as follows:
         (d)  The executive director shall number and record each
  license or [annual] renewal certificate issued by the board.
         SECTION 5.  The heading to Section 351.2045, Occupations
  Code, is amended to read as follows:
         Sec. 351.2045.  CONFIDENTIALITY OF COMPLAINTS, ADVERSE
  REPORTS, INVESTIGATION FILES, AND OTHER INFORMATION.
         SECTION 6.  Section 351.2045, Occupations Code, is amended
  by amending Subsection (a) and adding Subsections (c-1) and (f) to
  read as follows:
         (a)  Each complaint, adverse report, investigation file, and
  other investigation report and all other investigative information
  in the possession of or received or gathered by the board or the
  board's employees or agents relating to a license holder, an
  application for a license, or a criminal investigation or
  proceeding is privileged and confidential and is [The board's
  investigation files are confidential, privileged, and] not subject
  to discovery, subpoena, or any other means of legal compulsion for
  release to anyone other than [to] the board or an employee or agent
  of the board involved in any disciplinary action relating to a
  license holder.
         (c-1)  The board's providing of information under Subsection
  (c) does not constitute a waiver of a privilege or confidentiality
  under this chapter or any other law.
         (f)  The board shall protect the identity of a complainant to
  the extent possible.
         SECTION 7.  Subchapter E, Chapter 351, Occupations Code, is
  amended by adding Section 351.2046 to read as follows:
         Sec. 351.2046.  REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)
  In this section:
               (1)  "Anonymous complaint" means a complaint that lacks
  sufficient information to identify the source or the name of the
  person who filed the complaint.
               (2)  "Insurance agent" means a person licensed under
  Chapter 4054, Insurance Code.
               (3)  "Insurer" means an insurance company or other
  entity authorized to engage in the business of insurance under
  Subtitle C, Title 6, Insurance Code.
               (4)  "Third-party administrator" means a person
  required to have a certificate of authority under Chapter 4151,
  Insurance Code.
         (b)  The board may not accept anonymous complaints.
         (c)  Notwithstanding any confidentiality requirements under
  Chapter 552, Government Code, or this chapter, a complaint filed
  with the board by an insurance agent, insurer, pharmaceutical
  company, or third-party administrator against a license holder must
  include the name and address of the insurance agent, insurer,
  pharmaceutical company, or third-party administrator filing the
  complaint.
         (d)  Not later than the 15th day after the date the complaint
  is filed with the board, the board shall notify the license holder
  who is the subject of the complaint of the name and address of the
  insurance agent, insurer, pharmaceutical company, or third-party
  administrator who filed the complaint, unless the notice would
  jeopardize an investigation.
         SECTION 8.  Section 351.254(a), Occupations Code, is amended
  to read as follows:
         (a)  An applicant is eligible to take the licensing
  examination if the applicant provides to the executive director, on
  a form provided by the board, information the board considers
  necessary to enforce this chapter, including satisfactory [sworn]
  evidence that the applicant:
               (1)  has attained the age of majority;
               (2)  [is of good moral character;
               [(3)]  has a preliminary education equivalent to one
  that would permit the applicant to enroll in The University of
  Texas; and
               (3) [(4)]  has attended and graduated from a reputable
  college of optometry that meets board requirements.
         SECTION 9.  Subchapter F, Chapter 351, Occupations Code, is
  amended by adding Sections 351.2525 and 351.2526 to read as
  follows:
         Sec. 351.2525.  CRIMINAL HISTORY RECORD INFORMATION FOR
  LICENSE ISSUANCE. (a)  The board shall require that an applicant
  for a license submit a complete and legible set of fingerprints, on
  a form prescribed by the board, to the board or to the Department of
  Public Safety for the purpose of obtaining criminal history record
  information from the Department of Public Safety and the Federal
  Bureau of Investigation.
         (b)  The board may not issue a license to a person who does
  not comply with the requirement of Subsection (a).
         (c)  The board shall conduct a criminal history record
  information check of each applicant for a license using
  information:
               (1)  provided by the individual under this section; and
               (2)  made available to the board by the Department of
  Public Safety, the Federal Bureau of Investigation, and any other
  criminal justice agency under Chapter 411, Government Code.
         (d)  The board may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history record information
  check required under this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history record information
  check.  
         Sec. 351.2526.  REVIEW OF NATIONAL PRACTITIONER DATABASE.
  The board shall establish a process to review at least one national
  practitioner database to determine whether another state has taken
  any disciplinary or other legal action against an applicant or
  license holder before issuing an initial or renewal license under
  this chapter.
         SECTION 10.  The heading to Section 351.301, Occupations
  Code, is amended to read as follows:
         Sec. 351.301.  [ANNUAL] RENEWAL CERTIFICATE.
         SECTION 11.  Section 351.301(a), Occupations Code, is
  amended to read as follows:
         (a)  A person required by this subchapter to hold a [an
  annual] renewal certificate may not practice optometry or
  therapeutic optometry without the certificate.
         SECTION 12.  Section 351.302, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  A license under this chapter is valid for a term of one
  or two years as determined by board rule.
         (a-1)  The board by rule may adopt a system under which
  licenses expire on various dates during the year. The board shall
  adjust the final dates for payment, the dates for notice of
  nonpayment, and the dates for license cancellation accordingly.
         SECTION 13.  Sections 351.304(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  Not later than the date [January 1 of each year or as
  otherwise] provided under Section 351.302, an optometrist or
  therapeutic optometrist shall pay to the board a [an annual]
  renewal fee for the renewal of a license to practice optometry or
  therapeutic optometry [for the year]. A person may renew an
  unexpired license by paying the required renewal fee to the board
  before the license expiration date.
         (b)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the board a renewal fee that
  is equal to one and one-half times the [annual] renewal fee set by
  the board under Section 351.152.  If a person's license has been
  expired for more than 90 days but less than one year, the person may
  renew the license by paying to the board a renewal fee that is equal
  to two times the [annual] renewal fee set by the board under Section
  351.152.
         SECTION 14.  Subchapter G, Chapter 351, Occupations Code, is
  amended by adding Section 351.3045 to read as follows:
         Sec. 351.3045.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE RENEWAL. (a)  An applicant renewing a
  license issued under this chapter shall submit a complete and
  legible set of fingerprints for purposes of performing a criminal
  history record information check of the applicant as provided by
  Section 351.2525.
         (b)  The board may administratively suspend or refuse to
  renew the license of a person who does not comply with the
  requirement of Subsection (a).
         (c)  A license holder is not required to submit fingerprints
  under this section for the renewal of the license if the license
  holder has previously submitted fingerprints under:
               (1)  Section 351.2525 for the initial issuance of the
  license; or
               (2)  this section as part of a prior license renewal.
         SECTION 15.  Sections 351.305, Occupations Code, is amended
  to read as follows:
         Sec. 351.305.  ISSUANCE OF CERTIFICATE. On receipt of the
  required fees, the board shall issue a [an annual] renewal
  certificate containing information from board records that the
  board considers necessary for the proper enforcement of this
  chapter, including the license number and the period [year] for
  which the license is renewed.
         SECTION 16.  Section 351.309, Occupations Code, is amended
  to read as follows:
         Sec. 351.309.  CONTINUING EDUCATION EXEMPTIONS. A person is
  exempt from the continuing education requirements of Section
  351.308 if the person:
               (1)  holds a license but does not practice optometry or
  therapeutic optometry in this state;
               (2)  served in the regular armed forces of the United
  States during part of the most recent license term [12 months
  preceding the annual license renewal date];
               (3)  submits proof to the board that the person
  suffered a serious or disabling illness or physical disability
  preventing the person from complying with the requirements during
  the most recent license term [12 months preceding the annual
  license renewal date]; or
               (4)  was first licensed during the period [12 months]
  preceding the [annual] license renewal date.
         SECTION 17.  Subchapter H, Chapter 351, Occupations Code, is
  amended by adding Section 351.3591 to read as follows:
         Sec. 351.3591.  DUTIES RELATED TO CERTAIN PRESCRIPTIONS.
  (a)  An optometrist or therapeutic optometrist may not prescribe a
  drug listed in Subsection (b) to a patient unless the optometrist or
  therapeutic optometrist has reviewed the patient's prescription
  history by accessing the prescription information submitted to the
  Texas State Board of Pharmacy as authorized by Section
  481.076(a)(5), Health and Safety Code.
         (b)  Subsection (a) applies only to the prescribing of:
               (1)  opioids;
               (2)  benzodiazepines;
               (3)  barbiturates; or
               (4)  carisoprodol.
         (c)  Failure by an optometrist or therapeutic optometrist to
  comply with the requirements of this section is grounds for
  disciplinary action under Section 351.501.
         SECTION 18.  Section 351.501, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  The [On the vote of five or more members, the] board may
  refuse to issue a license to an applicant, revoke or suspend a
  license, place on probation a person whose license has been
  suspended, impose a fine, impose a stipulation, limitation, or
  condition relating to continued practice, including conditioning
  continued practice on counseling or additional education, or
  reprimand a license holder if the board determines that:
               (1)  the applicant or license holder is guilty of
  fraud, deceit, dishonesty, or misrepresentation in the practice of
  optometry or therapeutic optometry or in seeking admission to that
  practice;
               (2)  the applicant or license holder is unfit or
  incompetent by reason of negligence;
               (3)  the applicant or license holder has been convicted
  of a misdemeanor involving moral turpitude or a felony;
               (4)  the applicant or license holder has developed an
  incapacity that prevents or could prevent the applicant or license
  holder from practicing optometry or therapeutic optometry with
  reasonable skill, competence, and safety to the public [:
                     [(A)  is a habitual drunkard;
                     [(B)     is addicted to the use of morphine, cocaine,
  or other drugs having similar effect;
                     [(C)  has become insane; or
                     [(D)     has been found by a court to be of unsound
  mind];
               (5)  the license holder has directly or indirectly
  employed, hired, procured, or induced a person to practice
  optometry or therapeutic optometry in this state without a license;
               (6)  the license holder has directly or indirectly
  aided or abetted an unlicensed person in the practice of optometry
  or therapeutic optometry;
               (7)  the license holder has placed the holder's license
  at the disposal or service of, including lending, leasing, or
  renting to, a person not licensed to practice optometry or
  therapeutic optometry in this state;
               (8)  the applicant or license holder has wilfully or
  repeatedly violated this chapter or a board rule adopted under this
  chapter;
               (9)  the license holder has wilfully or repeatedly
  represented to a member of the public that the license holder is
  authorized or competent to cure or treat an eye disease beyond the
  authorization granted by this chapter;
               (10)  the license holder has had the right to practice
  optometry or therapeutic optometry suspended or revoked by a
  federal agency for a cause that the board believes warrants that
  action;
               (11)  the applicant or license holder has acted to
  deceive, defraud, or harm the public;
               (12)  the applicant or license holder is guilty of
  gross incompetence in the practice of optometry or therapeutic
  optometry;
               (13)  the applicant or license holder has engaged in a
  pattern of practice or other behavior demonstrating a wilful
  provision of substandard care;
               (14)  the applicant or license holder has committed an
  act of sexual abuse, misconduct, or exploitation with a patient or
  has otherwise unethically or immorally abused the doctor-patient
  relationship;
               (15)  the applicant or license holder has prescribed,
  sold, administered, distributed, or given a drug legally classified
  as a controlled substance or as an addictive or dangerous drug for
  other than an accepted diagnostic or therapeutic purpose;
               (16)  the applicant or license holder has failed to
  report to the board the relocation of the applicant's or license
  holder's office not later than the 30th day after the date of
  relocation, whether in or out of this state; or
               (17)  the license holder has practiced or attempted to
  practice optometry while the license holder's license was
  suspended.
         (d)  The board may refuse to issue a license to an applicant
  or may revoke or suspend a license or place a license holder on
  probation for a period determined by the board because of the
  applicant's or license holder's violation of a law of this state,
  other than this chapter, or a rule of another licensing board in
  this state, or of a statute or rule of another state as determined
  by a review conducted as provided by Section 351.2526, if the
  violation constitutes a violation of the laws of this state or a
  board rule.
         SECTION 19.  Subchapter K, Chapter 351, Occupations Code, is
  amended by adding Section 351.5014 to read as follows:
         Sec. 351.5014.  SUBMISSION TO MENTAL OR PHYSICAL
  EXAMINATION. (a) In enforcing Section 351.501(a)(4), the board or
  an authorized agent of the board on probable cause, as determined by
  the board or agent, shall request an applicant or license holder to
  submit to a mental or physical examination by a physician or other
  health care professional designated by the board.  The board shall
  adopt guidelines, in conjunction with persons interested in or
  affected by this section, to enable the board to evaluate
  circumstances in which an applicant or license holder may be
  required to submit to an examination for mental or physical health
  conditions, alcohol and substance abuse, or professional behavior
  problems.
         (b)  If the applicant or license holder refuses to submit to
  the examination under Subsection (a), the board shall issue an
  order requiring the applicant or license holder to show cause why
  the applicant or license holder will not submit to the examination.  
  The board shall schedule a hearing on the order not later than the
  30th day after the date notice is served on the applicant or license
  holder. The board shall notify the applicant or license holder of
  the order and hearing by personal service or certified mail, return
  receipt requested.
         (c)  At the hearing, the applicant or license holder and the
  applicant's or license holder's attorney are entitled to present
  testimony or other evidence to show why the applicant or license
  holder should not be required to submit to the examination. The
  applicant or license holder has the burden of proof to show why the
  applicant or license holder should not be required to submit to the
  examination.
         (d)  After the hearing, the board, as applicable, by order
  shall require the applicant or license holder to submit to the
  examination not later than the 60th day after the date of the order
  or withdraw the request for examination.
         SECTION 20.  Subchapter M, Chapter 351, Occupations Code, is
  amended by adding Section 351.6011 to read as follows:
         Sec. 351.6011.  MONITORING HARMFUL PRESCRIBING PATTERNS.
  (a)  The board shall periodically check the prescribing information
  submitted to the Texas State Board of Pharmacy as authorized by
  Section 481.076(a)(1), Health and Safety Code, to determine whether
  an optometrist or therapeutic optometrist licensed under this
  chapter is engaging in potentially harmful prescribing patterns or
  practices.
         (b)  The board, in coordination with the Texas State Board of
  Pharmacy, shall determine the conduct that constitutes a
  potentially harmful prescribing pattern or practice for purposes of
  Subsection (a). In determining the conduct that constitutes a
  potentially harmful prescribing pattern or practice, the board
  shall consider:
               (1)  the number of times an optometrist or therapeutic
  optometrist prescribes a drug listed in Section 351.3591(b); and
               (2)  for prescriptions described by Subdivision (1),
  patterns of prescribing combinations of those drugs and other
  dangerous combinations of drugs identified by the board.
         (c)  If the board suspects that an optometrist or therapeutic
  optometrist licensed under this chapter may be engaging in
  potentially harmful prescribing patterns or practices, the board
  may notify the optometrist or therapeutic optometrist of the
  potentially harmful prescribing pattern or practice.
         (d)  The board may initiate a complaint against an
  optometrist or therapeutic optometrist based on information
  obtained under this section.
         SECTION 21.  Section 351.152(c), Occupations Code, is
  repealed.
         SECTION 22.  (a) Except as provided by Subsection (b) of
  this section, Section 351.059, Occupations Code, as amended by this
  Act, applies to a member of the Texas Optometry Board appointed
  before, on, or after the effective date of this Act.
         (b)  A member of the Texas Optometry Board who, before the
  effective date of this Act, completed the training program required
  by Section 351.059, Occupations Code, as that law existed before
  the effective date of this Act, is required to complete additional
  training on the subjects added by this Act to the training program
  as required by Section 351.059, Occupations Code, as amended by
  this Act. A board member described by this subsection may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the board held on or after December 1, 2017, until the member
  completes the additional training.
         SECTION 23.  (a) As soon as possible after the effective
  date of this Act, the Texas Optometry Board shall revise the board's
  rules as necessary to implement Section 351.254(a), Occupations
  Code, as amended by this Act.
         (b)  Not later than September 1, 2022, the Texas Optometry
  Board shall obtain criminal history record information on each
  person who, on the effective date of this Act, holds a license
  issued under Chapter 351, Occupations Code, and did not undergo a
  criminal history record information check based on the license
  holder's fingerprints on initial application for the license. The
  board may suspend the license of a license holder who does not
  provide the criminal history record information as required by the
  board and this subsection.
         (c)  The Texas Optometry Board may establish procedures to
  implement a biennial renewal of licenses as provided by Subchapter
  G, Chapter 351, Occupations Code, as amended by this Act.
         SECTION 24.  Section 351.3591, Occupations Code, as added by
  this Act, applies only to a prescription issued on or after
  September 1, 2018. A prescription issued before September 1, 2018,
  is governed by the law in effect on the date the prescription is
  issued, and the former law is continued in effect for that purpose.
         SECTION 25.  This Act takes effect September 1, 2017.
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